Tyler v. State

We reverse Tyler’s sentence and remand for re-sentencing by a successor judge.

Tyler was convicted on one count of possession of cocaine. At the sentencing hearing, defense counsel made an oral motion to recuse based on comments that the trial court judge made in an online news article. In the article, the judge was quoted as saying, “[m]y feeling is, if I’m going to sentence someone to state prison or county jail it should always be followed by probation.” Martin v. State, 804 So.2d 360, 362 (Fla. 4th DCA 2001). When the court indicated that such a motion must be in writing, defense counsel…